- 1 - NC: 2025:KHC:3031 WP No. 52135 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 52135 OF 2016 (LB-BMP) BETWEEN: 1. JAYALAKSHMI D/O LATE CHIKKAVEERAPPA , AGED ABOUT 58 YEARS, RESIDING T 3RD CROSS, ESHWARA TEMPLE BACK SIDE, YEMALUR VILLAGE, VARTUR HOBLI, BENGALURU 560037 2. DYAVAPPA S/O LATE CHIKKAVEERAPPA, AGED ABOUT 67 YEARS, RESIDING T 3RD CROSS, ESHWARA TEMPLE BACK SIDE, YEMALUR VILLAGE, VARTUR HOBLI, BENGALURU 560037 3. Y C NARAYANA S/O LATE CHIKKAVEERAPPA, SINCE DEAD BY LRS., 3.1. SMT. RAJAMA H. W/O LATE Y.M.NARAYANA AGED ABOUT 68 YEARS, R/O NO. 26, 2ND CROSS, 2ND MAIN, YEMALUR, BANGALORE 560 037. 3.2. SMT. MALATHI W/O HARMET SINGH, AGED ABOUT 45YEARS, R/O NO. 26, 3RD CROSS, 2ND MAIN, YEMALUR, BANGALORE 560 037. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3031 WP No. 52135 of 2016 3.3. SMT. PREMA AGED ABOUT 44 YEARS, R/O TONDAHALLI VILLAGE, ALISANDRA POST, BELLUR HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT 571 418. 3.4. SMT. MANJUALA W/O GOPI, AGED ABOUT 47 YEARS, R/O NO.70 PARVATHAMMA RESIDENCY, 1ST CROSS, DEVASANDRA MAIN ROAD, KRISHNARAJAPURAM, BANGALORE -560 036. 4. JAGADEESH S/O LATE YALAKKIGOWDA, AGED ABOUT 41 YEARS, RESIDING T 3RD CROSS, ESHWARA TEMPLE BACK SIDE, YEMALUR VILLAGE, VARTUR HOBLI, BENGALURU 560037 5. D MANJUNATHA S/O DYAVAPPA, AGED ABOUT 44 YEARS, RESIDING T 3RD CROSS, ESHWARA TEMPLE BACK SIDE, YEMALUR VILLAGE, VARTUR HOBLI, BENGALURU 560037 …PETITIONERS (BY SRI. P MAHESHA., ADVOCATE) AND: 1. THE ASSISTANT EXECUTIVE ENGINEER AND IN CHARGE COMMISSIONER MARAT HALLI SUB DIVISION, MAHADEVAPURA ZONE NO.97/2, D KRISHNA SHINE BULDINGS, AIRPORT VARTUR MAIN ROAD MARATHHALLI BRIDGE BENGALURU 560037. - 3 - NC: 2025:KHC:3031 WP No. 52135 of 2016 2. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, B B M P BUILDINGS BENGALURU 560001 3. SMT EERAMMA W/O C MUKUNDA, YEMALUR VILLAGE, VARTUR HOBLI, BENGALURU 560037 4. SMT AMMAYAMMA D/O LATE CHIKKAVEERAPPA, SINCE DEAD BY LRs., 4(a) SMT. NAGARATHNA, W/O SHIVAPPA., AGED ABOUT 55 YEARS, R//O NO. 41 VINAYAKA NAGAR, SARJARPUR, DOMMASANDRA, ANEKAL, BANGALORE 562 125. 4(b) SMT. MANGALAMMA Y. W/O GOPALAKRISHNA.S., R/O NO. 256, NEAR ESHWARA TEMPLE, YEMALUR, BANGALORE-560 037. 4(c) SMT. RENUKA Y., W/O TL MURALI, AGED ABOUT 51 YEARS, R/O NO. 36-52, MARATHAHALLI ROAD, YEMALURU, BANGALORE-560 037. 4(d) SMT. DHANALAKSHMI, W/O SURESH AGED ABOUT 43 YEARS, R/O NO. 53, 2ND MAIN, 3RD CROSS, YEMALURU, BANGALORE 560 037. 5. KEMPEGOWDA S/O LATE CHIKKAVEERAPPA, SINCE DEAD BY LRs., 5(a) SMT. JAYALAKSHMI W/O LATE KEMPEGOWDA, AGED ABOUT 55 YEARS, - 4 - NC: 2025:KHC:3031 WP No. 52135 of 2016 5(b) SRI. HARISH S/O LATE KEMPEGOWDA, AGED ABOUT 46 YEARS, 5(c) SRI. MAHESH S/O LATE KEMPEGOWDA, AGED ABOUT 32 YEARS, ALL ARE R/O NO.134, 8TH CROSS, NEAR MUNNESHWARA TEMPLE ROAD, SINGAYYANAPALYA, MAHADEVAPURA, BANGALORE - 560 048. …RESPONDENTS (BY SRI. PAWAN KUMAR., ADVOCATE ALONG WITH SRI. H.DEVENDRAPPA., ADVOCATE FOR R-1 & R-2; R-3, R-5(a-c) ARE SERVED AND UNREPRESENTED; VIDE ORDER DATED:18.01.2024, NOTICE TO R-4 (a) TO (d) ARE HELD SUFFICIENT) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO ALLOW THE PETITION QUASH THE IMPUGNED ORDER PASSED BY THE LEARNED KARNATAKA APPELLATE TRIBUNAL, BENGALURU IN APPEAL NO.582/2013 DATED:19.3.2016 VIDE ANNEXURE-F CONSEQUENTLY SET ASIDE THE ORDER OF R-1 PASSED DATED:8.8.2011 VIDE ANNEXURE-D & E, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 5 - NC: 2025:KHC:3031 WP No. 52135 of 2016 ORAL ORDER 1. An order of confirmation was passed by the jurisdictional Engineer stating that the construction put up by the petitioners was illegal and without any permission. This order of confirmation has been upheld by the Karnataka Appellate Tribunal (for brevity, “the Tribunal”) and hence, the petitioners are before this Court. 2. As could be seen from the order of the Tribunal, it was the contention of the petitioners that they have not been served with the copy of the provisional order and were not given an opportunity to file their objections to the provisional order. Though this contention was raised, the same was not considered by the Tribunal and it has affirmed the order of confirmation. 3. It is seen from the confirmatory order that there is no indication in the said order that the provisional - 6 - NC: 2025:KHC:3031 WP No. 52135 of 2016 order has been served to the petitioners and they had failed to file their objections. 4. Since the impugned orders are violative of principles of natural justice, in my view, it would be appropriate to quash the impugned orders. The impugned orders are accordingly quashed. The matter is remanded to the jurisdictional Engineer to permit the petitioners to file their objections to the provisional order and thereafter consider the same and pass appropriate orders after the filing of objections by the petitioners. 5. The writ petition is accordingly allowed. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 54